Labour Law

Are Trainees Really Employees? βš–οΈ


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πŸ›οΈ The Great Legal Mystery: When Training Meets Employment

🌟 Picture this: Someone joins a company as a trainee, learns skills, gets paid a stipend - but are they actually an employee with full legal rights? This question has puzzled courts and created fascinating contradictions in Indian law!

πŸ’‘ What You'll Discover:

  • πŸ” Why one law says 'yes' while courts sometimes say 'no' to trainee employment status
  • βš–οΈ The crucial difference between learning skills and doing actual work
  • 🎯 When trainees get full protection and when they don't
  • πŸ’° How a simple injury changes everything about legal rights

πŸš€ Real Cases Discussed:

  • πŸ’Ž UPSCB vs. Shivmohan Singh - The landmark case that redefined trainee status
  • ⭐ ESI Corporation vs. Telco Limited - When training purpose trumps employee classification

🎭 The Plot Twist:

  • ⚑ Industrial Disputes Act 1947 clearly includes trainees as employees
  • πŸ”„ But Apprentices Act 1961 creates exceptions that muddy the waters
  • πŸ₯ Compensation laws give crystal clear protection - no confusion here!

πŸŽ™οΈ This episode reveals why the same person can be both an employee and not an employee - depending on what goes wrong! Perfect for anyone curious about workplace rights or the fascinating contradictions in Indian employment law.

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Labour LawBy sharad Bansal